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Burkett v. State

District Court of Appeal of Florida, First District
Apr 27, 1994
634 So. 2d 1159 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-1996.

April 27, 1994.

An appeal from the Circuit Court for Bay County, Clinton Foster, Judge.

Nancy A. Daniels, Public Defender, Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

No appearance for appellee.


We affirm the trial court's order sentencing appellant to five years in prison pursuant to appellant's negotiated plea of no contest. We remand, however, for a technical correction in the terms of the sentencing order so that the written order will comply with the court's oral pronouncement at the hearing. Specifically, at the sentencing hearing, the trial court stated that appellant would be sentenced to a five-year minimum mandatory prison term pursuant to § 790.221(2), Fla. Stat. (1991), which provides mandatory penalties for the possession of a short-barreled shotgun. Accordingly, the sentencing order should be corrected to reference the five-year minimum mandatory term. The incorrect imposition of a three-year minimum mandatory term under § 775.087(2) should be deleted from the sentencing order.

MINER and ALLEN, JJ., and SHIVERS, Senior Judge, concur.


Summaries of

Burkett v. State

District Court of Appeal of Florida, First District
Apr 27, 1994
634 So. 2d 1159 (Fla. Dist. Ct. App. 1994)
Case details for

Burkett v. State

Case Details

Full title:JAMES ANTHONY BURKETT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Apr 27, 1994

Citations

634 So. 2d 1159 (Fla. Dist. Ct. App. 1994)